When a federal employee suffers a sudden, painful injury on the job, the world can feel like it stops. Your immediate concern is your health, but a second, equally terrifying thought quickly follows.
How will I pay my bills if I cannot work? This fear of a sudden loss of income, especially while dealing with chronic pain, can be overwhelming.
The federal workers compensation system created a specific benefit to address this exact crisis. It is called Continuation of Pay or COP, and it is the most important immediate benefit for an injured federal worker.
This guide will explain what COP is, who gets it, and what you must do to ensure you receive it without a stressful delay.
Continuation of Pay is exactly what it sounds like. It is the continuation of your regular pay from your employing agency after you suffer a work related injury.
This is not a payment from the OWCP. It is your normal salary, paid by your agency, on your regular payday.
This means all your standard deductions for taxes, health insurance, and retirement are still taken out just like a normal paycheck.
The entire purpose of COP is to prevent any interruption in your income while your claim is being reviewed. This benefit provides a critical financial bridge so you can focus on your recovery.
It is a vital part of the federal workers compensation benefits inclusions.
Eligibility for Continuation of Pay is extremely specific. It is only available to federal employees who suffer a “traumatic injury.”
A traumatic injury is one that is caused by a specific event or a series of events within a single workday. Examples include a slip and fall, a car accident on duty, or a sudden back strain from lifting a heavy box.
To qualify, you must file OWCP Form CA-1, the “Notice of Traumatic Injury,” within 30 days of the injury.
You must also have lost time from work because of the injury within 45 days of the event.
COP is not available for “occupational diseases,” which are conditions that develop over a long period, like carpal tunnel syndrome. Those claims are filed on an OWCP Form CA-2 and are eligible for wage loss compensation, but not COP.
If you are eligible, your agency can continue your pay for up to 45 calendar days. These are not 45 work days, but 45 total calendar days of disability.
The 45 day count begins on the first day or shift you lose time from work after the day of the injury. This time can be used all at once if you are out of work for a long period.
It can also be used intermittently. For example, if you miss two hours for a doctor’s appointment, that partial day counts as one full calendar day from your 45 day total.
If you return to work and then have to stop again due to the same injury, you can use any remaining days. This is only allowed if your new work stoppage begins within 45 days of when you first returned to work.
Sometimes, your agency may dispute your right to Continuation of Pay. This formal challenge is called a “controversion.”
Your agency must inform you in writing if they plan to controvert your pay. They cannot simply stop your pay without providing a valid reason.
The most common reason for controversion is missing a deadline. This includes failing to file your CA-1 within 30 days of the injury.
Another critical deadline is providing supporting medical evidence from a doctor within 10 calendar days of your claim. Your agency can also controvert your claim if they believe your injury did not happen in the performance of duty.
They may also challenge it if the injury was caused by willful misconduct or intoxication.
The fastest way to have your Continuation of Pay denied is by failing to provide timely medical evidence. Your supervisor and the OWCP need a doctor’s report that clearly states you are disabled from work because of your traumatic injury.
A vague note that just says you have back pain is not enough and will likely be rejected. This is where hope and help are closest.
You have the right to choose your own DOL doctor. Choosing a physician who understands the specific, detailed requirements of the OWCP is essential.
Proper medical documentation is the key to getting your claim approved and your pay continued. It provides the proof your agency needs and gives you the peace of mind to heal without financial fear.
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Frequently Asked Questions
No. You do not have to use your sick or annual leave before you are eligible for COP.
Following a traumatic, job-related injury, your employing agency must advise you of your right to elect one of the following:
Continuation of Pay (COP)
Sick Leave
Annual Leave
Leave Without Pay (LWOP)
If you are eligible for COP, it is an entitlement that does not require you to exhaust your personal leave balances first. If you initially choose to use your own leave but later want to use COP, you can. You must make this request to your agency within one year of the date the leave was used. If your claim is approved, the agency must restore the leave you took and apply COP retroactively.
If your agency controverts (disputes) your eligibility for COP, you will have to use your own sick leave, annual leave, or be placed on Leave Without Pay (LWOP) to cover your absences while OWCP reviews your case.
However, if OWCP later reviews the evidence and formally accepts your claim, your agency is required to “buy back” the leave you were forced to use. This means:
Any sick or annual leave you used for that period will be restored to your leave balance.
If you were on LWOP, you will be paid for that time retroactively.
Essentially, your time will be converted to COP status as it should have been, and your personal leave balances will be made whole.
No, the 45-day COP period for a single traumatic injury does not restart. You are entitled to a maximum of 45 calendar days of COP for any given injury.
However, there is a specific rule regarding recurrences. If you recover, return to work, and then become disabled again due to the same injury, you may use any remaining balance of your 45 COP days. This is not a new 45-day period, but rather a continuation of the original one.
To be eligible to use the remaining COP days for a recurrence, you must stop work and claim COP within 45 days of the date you first returned to work following the initial disability.
